The House Ways and Means Committee has voted to 23-14 along party lines to refer former head of tax exempt groups at the IRS Lois Lerner to the Justice Department for prosecution. Although the details about exactly what charges will be have not yet been released, lawmakers are arguing Lerner has not been truthful with Congress or the IRS inspector general and leaked confidential tax information.

Last time a referral like this happened, it was to Major League Baseball player Roger Clemens, who was pursued by the Department of Justice for lying to Congress but was exonerated in court.

This is a test for the Department of Justice and the Obama administration. What's more important? Baseball and steroids? Or the most powerful federal agency abusing its power to target innocent conservative groups?

Last summer President Obama called the targeting "outrageous" and promised to hold people responsible and accountable for what happened. If the Justice Department refuses to pursue charges against Lerner, it's fair to say one reason is because they don't want information leading back to the administration coming out in court.

Tomorrow the House Oversight Comittee will vote on whether to hold Lerner in contempt of Congress.